Anjani Kumar Mishra, J. - (1.) HEARD Shri C.K. Rai, learned Counsel for the petitioner in the writ petition as also for the appellant in the connected second appeal. I also heard Shri Hemant Kumar holding brief of Shri Pramod Kumar Singh for the respondents in both the cases. It appears that two sets of objections under section 12 of the U.P. Consolidation of Holdings Act were filed. One objection was filed by the petitioner, Gaya Pal claiming on the basis of an unregistered will said to have been executed in his favour by one Munni Devi on 18.11.1986. The other objection was filed by Smt. Geeta Devi claiming on the basis of a registered Will said to have been executed by Munni Devi in her favour on 17.5.1985.
(2.) THE dispute between the parties in the writ petition pertains to plot Nos. 52, 63 and 74 situated in village Rasoolpur, Pargana Ayah Shah, District Fatehpur which were recorded in the name of Munni Devi widow of Vansh Gopal who is said to have died on 2.12.1986. The Consolidation Officer by his order dated 16.6.1988 accepted the Will in favour of the Geeta Devi. The appeal Nos. 1934/1363/1564 filed by the petitioner was dismissed on 16.11.2000 which order was affirmed by the dismissal of revision No. 2681 by the Deputy Director of Consolidation on 9.9.2005 and hence this writ petition challenging the orders of the three consolidation authorities.
(3.) THE second appeal filed by Gaya Pal arises out of original Suit No. 167 of 1987 filed by Geeta Devi. This suit was filed for a declaration that the Will dated 18.11.1986 was nullity and did not effect the rights of the plaintiff -Geet Devi as regards a residential house and sahan. In this suit also, the parties claimed on the basis of the respective Wills in their favour namely, the registered Will dated 17.5.1985 in favour of Geeta Devi and the unregistered Will dated 18.11.1996 in favour of Gaya Pal -defendant.;